NEW SECTORS FOR FAST-41

Washington, DC –On January 15, 2020, the Federal Permitting Improvement Steering Council (Permitting Council) voted to add non-energy mining as a new covered infrastructure sector to increase access to a domestic source of minerals that are critical to the nation’s economy and security.

“Today’s action by the Permitting Council furthers the President’s commitment to demystify and standardize an overly-complicated federal decision making process. Citizens shouldn’t have to hire a consultant, or have a PhD in science to understand how a project may affect their communities. This step will provide unprecedented transparency, predictability and accountability to the public, all while ensuring governors, mayors, local communities, tribes and the private sector always have a reliable Federal partner in Washington D.C.,” said Alexander H. Herrgott, Executive Director, Permitting Council.

Minerals and metals are integral to many infrastructure projects and play a vital role in reducing our reliance on foreign sources of minerals for national and economic security, including expansion of U.S. production of renewable energy in wind turbines, solar panels and energy storage batteries. The development of non-energy mining operations routinely involves construction of a variety of infrastructure from buildings, roads and pipelines to electricity generation and wastewater treatment facilities. In 2015, with overwhelmingly bipartisan agreement, Congress included energy related mining under FAST-41, including the extraction of coal, oil shale, oil, gas, and uranium. The new non-energy mining sector will allow the Permitting Council to add mining projects for non-energy, saleable and critical minerals.

FAST-41 does not supersede, amend, or modify any Federal statute, such as the National Environmental Policy Act (NEPA), nor does it create a presumption that a covered project will be approved or favorably reviewed by any agency.FAST-41 is a voluntary process; project sponsors must opt-in and meet the requirements for inclusion.

Federal Permitting Improvement Steering Council Votes to Add New Land Revitalization Sector

Washington, DC –On January 15, 2020, the Federal Permitting Improvement Steering Council (Permitting Council) voted to add land revitalization as a covered infrastructure sector to minimize the regulatory and administrative costs and burdens that discourage public and private investment in urban and economically distressed communities.

“Today’s action by the Permitting Council furthers the President’s commitment to streamline the project permitting process, and provide unprecedented transparency and predictability for governors, mayors, local communities, tribes and the private sector to overcome stifling challenges created by an unnecessarily complicated Federal decision-making process. The Council is excited to use this new sector eligibility to serve as central point of contact within the Federal government, promote community development, tackle difficult environmental issues while maintaining rigorous environmental standards, and encourage public involvement, all while serving as a reliable Federal partner to shepherd these powerful vehicles of economic growth and job creation,” said Alexander H. Herrgott, Executive Director, Permitting Council.

Under FAST-41, these projects can now include the development, expansion or reuse of a previously developed and extensively modified or contaminated property owned, leased, abandoned or managed by state, local or tribal governments, non-governmental organizations, or the private sector, including those within an Opportunity Zone, those receiving financial assistance from a Qualified Opportunity Fund or those subject to federal, state, local or tribal cleanup programs or other similar revitalization efforts.

FAST-41 does not supersede, amend, or modify any Federal statute, such as the National Environmental Policy Act (NEPA), nor does it create a presumption that a covered project will be approved or favorably reviewed by any agency.FAST-41 is a voluntary process; project sponsors must opt-in and meet the requirements for inclusion.